Wichtiger Hinweis
PlaFe Flood Protection Project in Schwabach: Repeated Notice
Stand: 21.07.2026
Enforcement of the Water Resources Act (WHG) and the Bavarian Water Act (BayWG);
Repeated announcement of the planning approval procedure for the construction and operation of a technical flood protection system on the Schwabach River between river km 0.19 and river km 0.86 and on the Mühlbach Stream between river km 0 and river km 0.25, in the municipal district of 91054 Erlangen (primarily in the area of Jahnstraße, Haagstraße, as well as Bayreuther Straße and Essenbacher Straße) and design measures (expansion) in the riverbed and along the banks of the Schwabach, as well as a water law proceeding for the discharge of stormwater, seepage water, and pressure water from the flood protection facilities into the Schwabach at river No. 1518 (river km 0.44) and Fl. No. 1344 (river km 0.51), both in the municipal district of 91054 Erlangen
Repeated Notice
The Free State of Bavaria, represented by the Nuremberg Water Management Office, has submitted an application to the City of Erlangen for
- approval of a plan under water law pursuant to Section 68 of the Federal Water Act (WHG) for the construction and operation of an engineering flood protection system and the improvement of the Schwabach watercourse in the area downstream of the Essenbach Bridge from river km 0.19 (railway line) to river km 0.71 (Essenbach Bridge), as well as upstream of the Essenbach Bridge up to river kilometer 0.86 and along the Mühlbach from river kilometer 0 to river kilometer 0.25, and for landscaping measures in the riverbed and along the banks of the Schwabach
- Granting of an advanced water law permit (Section 8(1), Section 10(1), Section 15 of the Water Resources Act (WHG)) for the discharge of precipitation, seepage, and pressure water generated by the flood protection systems for internal drainage at River No. 1518 (river km 0.44) and Fl. No. 1344 (river km 0.51), both in cadastral district 91054 Erlangen, into the Schwabach
.
The planning approval procedure also addresses the preliminary effect under expropriation law pursuant to § 71 of the Water Resources Act (WHG) regarding flood protection facilities on or adjacent to parcels of land within the project area, as well as the preliminary effect under expropriation law of the real property encumbrances for flood protection facilities and access roads to the flood protection facilities and to properties within the project area.
Flood protection structures already exist in the aforementioned planning area; these were planned in the late 1960s and approved with a final planning approval decision dated 1970. Studies have shown that the structural stability of the flood protection structures is no longer guaranteed and that, in some cases, they no longer comply with the state-of-the-art for flood protection structures on watercourses. Based on a design dischargeof HQ100 plus a climate surcharge, a new technical flood protection system is to be constructed. In addition, within the project area, landscaping measures will be carried out along the banks and in the riverbed of the Schwabach, and the course of the Schwabach will be shifted northward by up to 6 meters between river kilometer 0.44 and river kilometer 0.62. These measures are also being undertaken to improve the aquatic ecology of the Schwabach.
The project area is located within the designated Schwabach flood protection zone. Parts of the undeveloped Schwabach Valley are part of the Schwabach Valley Landscape Conservation Area. In addition, most parts of the project area along the Schwabach have been mapped for biotopes (“Schwabach with accompanying wooded edges and remnants of riparian forest”).
The design measures on the banks and in the riverbed of the Schwabach, as well as the river realignment, constitute a watercourse improvement (substantial redesign of a watercourse and its banks) pursuant to Section 67(2), sentence 1, of the Water Resources Act (WHG). The technical flood protection measures also constitute a watercourse improvement because, pursuant to Section 67(2), sentence 3, of the Water Resources Act (WHG), dike and embankment structures that influence flood discharge are equivalent to watercourse improvements.
The development of a watercourse requires planning approval (Section 68(1) of the Water Resources Act (WHG)).
The discharge of precipitation, seepage, and drainage water—generated by the internal drainage systems of the flood protection facilities—into the Schwabach constitutes water use within the meaning of Section 9(1)(4) of the Water Act (discharge of substances into water bodies) and therefore requires a permit under water law (Section 8 of the WHG). The project sponsor has applied for a higher-level permit pursuant to Section 15 of the WHG.
The project has already been publicly announced on the City of Erlangen’s website, and the application documents have been made available for public inspection (https://erlangen.de/themenseite/aktuelles/amtliche-bekanntmachungen). Due to a technical glitch, the link to access the application documents was temporarily unavailable during the public review period. To ensure proper public participation, the announcement and public review are therefore being repeated. Objections already filed within the original deadline remain valid and do not need to be refiled. They will be taken into account in the further proceedings. During the new objection period, objections already filed may be supplemented or amended, and additional objections may be filed.
The project is being re-announced in accordance with Section 70(1) of the Federal Water Act (WHG), Article 69(2), sentences 1 through 3, of the Bavarian Water Act (BayWG) in conjunction with Article 73(5) of the Bavarian Administrative Procedure Act (BayVwVfG).
The application will be available on the City of Erlangen’s website from Wednesday, July 29, 2026, through Friday, August 28, 2026, at the following link
for public review.
Upon request, the documents may also be viewed in paper form during this period at the City of Erlangen, Office for Environmental Protection and Energy Issues, Schuhstraße 40, 4th Floor, Room 405, 91052 Erlangen (Art. 69, para. 2, sentence 3, clause 2 of the Bavarian Water Act (BayWG)). Please make an appointment in advance (gewaesserschutz@stadt.erlangen.de; Tel. No. 09131/86-3448).
Any person whose interests are affected by the project may file objections no later than 2 weeks after the end of the public review period, i.e., by Friday, September 11, 2026, in writing or orally for the record with the City of Erlangen, Office for Environmental Protection and Energy Issues, Schuhstraße 40, 4th Floor, Room 405, 91052 Erlangen (Art. 69(2) BayWG in conjunction with Art. 73(4), sentence 1, BayVwVfG). Objections may be submitted by email provided they are accompanied by a qualified electronic signature (Art. 3a(2), sentence 2, of the Bavarian Administrative Procedure Act (BayVwVfG)). Upon expiration of the objection period, all objections not based on specific grounds under private law are excluded (Art. 73(4), sentence 3, BayVwVfG).
In the case of objections signed by more than 50 persons on signature lists
or in the form of duplicated identical texts, one signatory must be designated as the representative of the other signatories for the proceedings, stating their name, occupation, and address, unless they have been appointed by the signatories as an authorized representative. Only natural persons may serve as representatives. This information must be clearly visible on every page bearing a signature (see Art. 17(2) BayVwVfG).
Associations that, by virtue of recognition under other legal provisions, are authorized to file appeals under the Administrative Court Rules against the proposed planning approval decision and/or higher-level permits may submit comments to the City of Erlangen no later than Tuesday, July 21, 2026, to the City of Erlangen.
Objections to the plan (application) that are filed in the proper form and within the prescribed time limit may be addressed during a public hearing. The planned public hearing will take place on Tuesday, November 3, 2026, from 9:00 a.m. to 5:00 p.m. at Erlangen City Hall, Rathausplatz 1, Council Chamber, 1st floor, 91052 Erlangen. Admission begins at 8:30 a.m. The public hearing procedure ends upon the conclusion of the proceedings.
Pursuant to Art. 69(2), sentence 4 of the Bavarian Water Act (BayWG), the decision to hold the public hearing is at the discretion of the competent authority. If the hearing does not take place, this will be publicly announced after the objection period has ended. The public hearing is not open to the public. Anyone whose interests are affected by the project is free to attend the meeting. A valid photo ID is required for admission. The City of Erlangen reserves the right to make an audio recording for the purpose of preparing the minutes (Article 68(4) of the Bavarian Administrative Procedure Act [BayVwVfG]). The audio recording will be deleted after the minutes have been prepared.
Those who have filed objections, or their representatives or authorized agents, will be notified separately of the public hearing. This notification may be replaced by a public announcement on the City of Erlangen’s website (https://erlangen.de/themenseite/aktuelles/amtliche-bekanntmachungen) if more than 50 notifications are required. If a party fails to appear at the hearing, the proceedings may proceed without them. The objections are then deemed to be upheld. There is no obligation to attend.
Costs incurred through participation in the public hearing or through the appointment of a representative will not be reimbursed.
Erlangen, July 22, 2026
City of Erlangen
Office for Environmental Protection and Energy Issues
On behalf of
Barth